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UMMER vs. POTTENGAL SUBIDA & ORS.

SCR Citation: [2018] 3 S.C.R. 596
Year/Volume: 2018/ Volume 3
Date of Judgment: 08 March 2018
Petitioner: UMMER
Disposal Nature: Appeals Allowed
Neutral Citation: 2018 INSC 219
Judgment Delivered by: Hon'ble Mr. Justice Abhay Manohar Sapre
Respondent: POTTENGAL SUBIDA & ORS.
Case Type: CIVIL APPEAL/2599/2018
Order/Judgment: Judgment
1. Headnote

Limitation Act, 1963 – s.5– “Sufficient cause” –Ex-partedecree passed against the appellant – Application filed by appellantfor setting aside the same along with application for condonationof delay in filing the application, dismissed– Appeal filed byappellant before High Court along with application u/s.5 prayingfor condonation of delay of 554 days in filing the said appeal–High Court dismissed the appeal as well as the application forcondonation of delay– On appeal, held: It is not disputed thatappellant is an old man and that he suffered heart disease duringthe relevant period and was later down with dengue fever– It isfurther not disputed that he was also mentally disturbed due todisputes going on in his family – Cause shown by appellant, forcondoning the delay in filing the appeal before High Court, relatingto his prolonged illness during the period in question was a sufficientcause within the meaning of s.5– High Court should have takenliberal view in the matter and condoned the delay in filing theappeal– Delay of 554 days in filing the appeal before High Courtis condoned, subject to costs of Rs.

2. Case referred
3. Act
  • Limitation Act, 1963 (36 of 1963)
  • Code of Civil Procedure, 1908 (5 of 1908)
4. Keyword
  • Limitation Act
  • 1963 – s.5
5. Equivalent citation
    Citation(s) 2018 AIR 2025 = 2018 (15) SCC 127 = 2018 (15) Suppl. SCC 127 = 2018 (3) JT 154 = 2018 (3) Suppl. JT 154 = 2018 (3) SCALE 696